Wiman v. Tomaszewicz

OPINION

KINKEADE, Justice.

Leo Wiman appeals a summary judgment granted in favor of George R. Tomaszewicz in this suit to collect a deficiency due under a promissory note. In two points of error, Wiman contends that the trial court erred in (1) granting summary judgment for Tomasz-ewiez and (2) denying his motion for summary judgment. Because we conclude that (1) limitations did not bar Wiman’s deficiency claim against Tomaszewicz, (2) any modification of the note did not release Tomaszewicz from liability under the guaranty, and (3) a genuine issue of material fact exists as to Wiman’s cause…